After a 3-1/2 year effort by the Town of Walworth to bring charges against  former Walworth Town Supervisor Susie C. Jacobs for misapplication of funds in the amount of  $12,293 in public funds, an arraignment was held in Wayne County Court last Monday.

Following the results of an investigation originally started in the Wayne County District Attorney’s court, moved to the Wayne County Sheriff’s Office, and the NYS Comptroller, and finally brought forward by Assistant District Attorney in Ontario County, the case has some closure.

According to the Wayne County Sheriff’s Office, and the two bookeepers for the Town of Walworth, between September 14, 2021, and January 1, 2022, Jacobs was serving as town supervisor when she authorized extra payments to herself for comptroller duties without approval from the Town Board. As a result, she improperly received $12,293.

Jacobs, who was an elected official is constrained by New York State Town Law to receive only the posted salary for that elected position and may not receive additional compensation.

Not only was the extra compensation of payroll taken, the Town Board was not made aware of the extra compensation, nor were they asked to approve such compensation.

When the former bookkeeper for the Town, Cheryl LeMay quit her job abruptly on September 14, 2021, she reports that she did so because the Supervisor was asking her to move moneys that she did not feel comfortable being asked to do. “They did not feel right or ethical,” said LeMay. 

According to Jacobs, she was forced to take over the duties of the town bookkeeper and paid herself from the payroll account for the budgeted salary of the bookkeeper, until the position could be filled. This was done with no prior knowledge or authorization from the Town Board.

The timeline of the case, which covered 3-1/2 years, as explained by former Supervisor Mike Donalty is below: 

• Audit shows inconsistencies in Jacobs’ payroll, with more than $14k paid over what was authorized by law. Supervisor reports same to Town Board. 

• Board decides to contract with forensic examiner to conduct audit and confirm loss. Examiner confirms Jacobs’ was overpaid substantially in violation of several laws. 

• Board agrees to submit case to NYS Comptroller’s Office Fraud Investigation Division for review. Supervisor contacts NYS Comptroller and submits evidence. Nearly a full year later, Comptroller advises Supervisor that they will not accept the case for prosecution, and offered no further explanation. They suggested that the Town refer the case to the local DA’s Office, and further stated that they would be referring the case to their Local Government Audit division for review. “…has made no findings in regard to the matters raised by the Supervisor. 

• Supervisor Donalty meets with DA Mike Calarco, who refuses to accept the case, indicating that his office would have to engage the Comptroller’s office for investigation, and they already turned it down. He also indicated that his office was severely short-staffed and did not have the manpower to devote to this case. 

• Town Board decides that seeking civil recourse would be too costly, as legal fees would far exceed the amount of the loss. 

• Supervisor Donalty meets with Sheriff Milby, who agrees to investigate as a criminal case. This was in June of 2023, according to the Sheriff. Acting DA Callanan also agrees to review the case if WCSO refers it to her for presentment.

• Investigation completed, numerous criminal charges identified, Grand Jury subpoenas were issued.

• Day prior to Grand Jury appearances, Judge Healy orders that a Special Prosecutor be appointed, as there may be a perceived conflict of interest, as Town Supervisor Michael Donalty served as the Chairman of the Board of Supervisors’ Public Safety Committee, to which the Sheriff’s Office and the DA’s Office report. Ontario County DA James Ritts was appointed. Infrequent updates from ADA Michael Bezer indicate that negotiations are ongoing. Fourteen months later, Ms. Jacobs appeared in County Court for plea and sentencing.

 On Monday, July 7th in Wayne County Court, Susie Jacobs pleaded  Guilty to misapplication of property in Wayne County Court. She was sentenced to a conditional discharge and ordered to repay the full amount of $12,293.00 to the Town of Walworth. 

Story continued on Page C5 in this weekend's edition